Constitution of the State of Nevada [As amended up to and including November 8, 1910] PRELIMINARY ACTION 1. WHEREAS, The act of congress, approved March twenty- Preamble first, A. D. eighteen hundred and sixty-four, "To enable the people of the Territory of Nevada to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states," requires that the members of the convention for framing said constitution shall, after organization, on behalf of the people of said territory, adopt the constitution of the United States; therefore be it States 2. Resolved, That the members of this convention, elected United by the authority of the aforesaid enabling act of congress, constitution as assembled in Carson City, the capital of said Territory of adopted Nevada, and immediately subsequent to its organization, do adopt, on behalf of the people of said territory, the constitution of the United States. ORDINANCE made 3. In obedience to the requirements of an act of the con- Ordinance gress of the United States, approved March twenty-first. irrevocable A. D. eighteen hundred and sixty-four, to enable the people of Nevada to form a constitution and state government, this convention, elected and convened in obedience to said enabling act, do ordain as follows, and this ordinance shall be irrevocaEle, without the consent of the United States and the people of the State of Nevada: First That there shall be in this state neither slavery nor Slavery involuntary servitude, otherwise than in the punishment for inhibited crimes, whereof the party shall have been duly convicted. worship Second-That perfect toleration of religious sentiment Freedom of shall be secured, and no inhabitant of said state shall ever secured be molested, in person or property, on account of his or her mode of religious worship. Third-That the people inhabiting said territory do agree. and declare, that they forever disclaim all right and title to Right to public land disclaimed proclaimed the unappropriated public lands lying within said territory. and that the same shall be and remain at the sole and entire disposition of the United States; and that lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States. PREAMBLE 4. We, the people of the State of Nevada, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquility, and form a more perfect government, do establish this CONSTITUTION ARTICLE I DECLARATION OF RIGHTS SECTION 1. All men are, by nature, free and equal, and Constitution have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. Paramount allegiance SEC. 2. All political power is inherent in the people. Declaration Government is instituted for the protection, security and of rights benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. But the paramount allegiance of every citizen is due to the federal government, in the exercise of all its constitutional powers, as the same have been, or may be, defined by the supreme court of the United States, and no power exists in the people of this or any other state of the federal union to dissolve their connection therewith, or perform any act tending to impair, subvert, or resist the supreme authority of the government of the United States. The constitution of the United States confers full power on the federal government to maintain and perpetuate its existence, and whensoever any portion of the states, or people thereof, attempt to secede from the federal union, or forcibly resist the execution of its laws, the federal government may, by warrant of the constitution, employ armed force in compelling obedience to its authority. SEC. 3. The right of trial by jury shall be secured to all, Trial by jury and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree upon a verdict, it shall stand and have the same force and effect as a verdict by the whole jury; provided, the Right of secession denied secured legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdiet, notwithstanding this provision. worship SEC. 4. The free exercise and enjoyment of religious pro- Freedom of fession and worship, without discrimination or preference, secured shall forever be allowed in this state; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. corpus SEC. 5. The privilege of the writ of habeas corpus shall Habeas not be suspended, unless when, in case of rebellion or inva- suspended, sion, the public safety may require its suspension. when SEC. 6. Excessive bail shall not be required, nor excessive Bail, fines fines imposed; nor shall cruel or unusual punishments be and punishinflicted; nor shall witnesses be unreasonably detained. SEC. 7. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. ments limited indictment SEC. 8. No person shall be tried for a capital or other Trial on infamous crime (except in cases of impeachment, and in cases secured of the militia when in actual service, and the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace, and in cases of petit larceny, under the regulation of the legislature, except on presentment or indictment of a grand jury; and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy Not to be for the same offense; nor shall he be compelled in any crim- twice put in inal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor Private shall private property be taken for public use without just public use compensation having been first made or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made. jeopardy property for press SEC. 9. Every citizen may freely speak, write and publish Freedom of his sentiments on all subjects, being responsible for the abuse speech and of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libels the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted or exonerated. and petition SEC. 10. The people shall have the right freely to assemble Right of together to consult for the common good, to instruct their assembly representatives, and to petition the legislature for redress of grievances. SEC. 11. The military shall be subordinate to the civil Military establish power. No standing army shall be maintained by this state. ment limited in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years. Soldier quartered, how Rep resentation Debtor's property exempt from execution Certain inhibitions Rights of foreigners Slavery prohibited Search and seizure regulated Treason defined SEC. 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law. SEC. 13. Representation shall be apportioned according to population. SEC. 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; and there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisoned for a militia fine in time of peace. SEC. 15. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. SEC. 16. Foreigners who are, or may hereafter become, bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property as native-born citizens. SEC. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this state. SEC. 18. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized. SEC. 19. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid or comfort. And no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people. ARTICLE II RIGHT OF SUFFRAGE SECTION 1. Every male citizen of the United States (not How and by laboring under the disabilities named in this constitution) whom the franchise may be enjoyed of the age of twenty-one years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days, next preceding any election, shall be entitled to vote for all officers that now are or hereafter may be elected by the people, and upon all questions submitted to the electors at such election: provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called confederate states, or either of them, unless an amnesty be granted to such by the federal government, and no idiot or insane person, shall be entitled to the privilege of an elector. [Amended by striking out the word white before the word male. Proposed and passed at the eighth session of the legislature, January 15, 1877, Statutes of 1877, page 213; agreed to and passed at the ninth session of the legislature, January 27, 1879, Statutes of 1879, page 149, and approved and ratified by the people at the general election of 1880.] defined SEC. 2. For the purpose of voting, no person shall be Residence deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, at public expense; nor while confined in any public prison. sailors may vote SEC. 3. The right of suffrage shall be enjoyed by all per- Soldiers and sons, otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enlistment; and provided further, that the payment of a poll tax or a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution. suspended SEC. 4. During the day on which any general election Civil process shall be held in this state, no qualified elector shall be arrested by virtue of any civil process. ballot SEC. 5. All elections by the people shall be by ballot, and Elections by all elections by the legislature, or by either branch thereof, shall be "viva voce." SEC. 6. Provision shall be made by law for the registra- Electors tion of the names of the electors within the counties of which registered they may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections, and to regulate the manner of holding and making returns of the same; and the legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary as a test of electoral qualifications. SEC. 7. The legislature shall provide by law for the pay- Poll tax ment of an annual poll tax, of not less than two nor exceeding provided for four dollars, from each male person resident in the state |